HC directs Maharashtra govt. to file reply to petition challenging scrapping of 5% Muslim quota

Bombay High Court orders Maharashtra to respond to petition against scrapping 5% Muslim education quota, citing discrimination concerns.

The Bombay High Court on Thursday directed the Maharashtra government to file a response within three weeks to a petition challenging a government resolution (GR) scrapping 5% reservation for Muslims in education.

A Division Bench of Justices R.I. Chagla and Advait Sethna was hearing the petition filed by advocate Syed Ejaz Abbas Naqvi challenging the GR dated February 17 that withdrew 5% reservation for 49 backward communities among Muslims. “The matter will be heard next on May 3,” Mr. Naqvi told The Hindu.

The plea termed “racial and social discrimination” the revocation of the quota granted under the Socially and Educationally Backward Classes category. Abruptly withdrawing the quota is against the Constitution, Mr. Naqvi said.

In 2014, the then Congress-Nationalist Congress Party government had issued an ordinance granting 5% reservation to Muslims in government jobs and education. The decision was then challenged in the High Court. While the court struck down reservation for Muslims in jobs, it observed the need for quota in education for the community.

After the 2014 Assembly poll, when the BJP came to power, it failed to introduce a Bill before the ordinance lapsed. As a result, the community could no longer draw the benefits of the quota. However, caste verification certificates and validation certificates continued to be issued.

This year, the government stated that since the quota was not implemented after the ordinance lapsed, the process of issuing certificates was redundant and it was being scrapped.